Judge to hear case about Enron transcripts

MARY FLOOD, Copyright 2003 Houston Chronicle

Published
5:30 am CDT, Thursday, August 7, 2003

A federal judge agreed Wednesday to hear arguments from the Houston Chronicle in its attempt to unseal the transcript of last week's closed hearing in the criminal case against former Enron Chief Financial Officer Andrew Fastow.

U.S. District Judge Kenneth Hoyt said he will hear from the Chronicle Aug. 26. Citing the First Amendment, the newspaper has asked Hoyt to make public the record of a July 28 hearing that was scheduled for open court, but was instead held behind closed doors.

Fastow faces charges along with two co-defendants, former Enron employees Ben Glisan and Dan Boyle. They are charged with fraud in connection with various deals at Enron and have all pleaded not guilty to all charges. Fastow faces nearly 100 counts himself. The three accused men were in court to discuss the status of their case.

It is unusual for a judge to hold a scheduled public hearing behind closed doors. The court's entry in the Fastow file states that the secret proceeding addressed potential trial dates and pretrial exchange of possible evidence.

Bill Ogden, attorney for the Chronicle, said the public has a right to know what goes on in its courts.

Ogden argued in the motion that the U.S. Constitution and case law are clear that even pretrial criminal proceedings shall be held in public except under extreme circumstances. Hearings should only be secret, he argued, when closure is essential to serve a compelling government interest and there is no less restrictive alternative that would avoid the harm.

According to the Chronicle's filing, Enron Task Force prosecutor Andrew Weissmann did not oppose the Chronicle motion to unseal the transcript. Fastow's and Boyle's lawyers stated no position on the motion. Glisan's lawyer opposed the motion.